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Rental query - Victoria

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#1 Indi

Posted 16 January 2013 - 10:37 AM

We are renting and am currently on a month to month basis while DH finishes our house.  We are paying rent monthly but we are currently ahead.  Our next monthly rent is due 21/01 which will make us paid up until mid March (landlord gave us three weeks' rent for works DH did on the property but this was just added to our "paid up to" date, the real estate agent still required monthly payments).

We need to give 28.days notice when we leave. DH thinks he will have our house ready late February.  If we end up being in a position where we end up having overpaid rent will we get it back?   The real estate agent has told me I need to keep paying monthly but is very cagey when I ask her what happens if we are ahead of our rent when we leave.

Does anyone know what is the situation?  Do you get extra rent refunded or is it too bad so sad?

#2 BreezaH

Posted 16 January 2013 - 11:22 AM

We did once have extra rent refunded - the PM had miscalculated how far in advance we were and refunded 2wks rent to us. But we were still with the agency, we'd just moved to another property as the house we were in they were selling so we directed her to just put the money towards renting the new property. She might not have been so up front if we'd been leaving the agency entirely because we actually had no idea we were 1 month ahead rather than 2wks.

#3 immismum

Posted 16 January 2013 - 12:47 PM

I'd read your lease, but generally you are required to pay your rent monthly in advance.  

If it were me I wouldn't pay your rent on the 21st, and I would tell the real estate agent that you will be paying on what ever date you need to to keep your rent monthly in advance.

If you have contact details for your landlord, I would contact them and let them know what you will be doing.  The real estate agent can't do anything until your rent is 14 days late, and as you say rent isn't 14 days late because you have credit for work performed.

It is much easier not to pay than to try and get your money back.

Wat your real estate agent says you have to do, and what the law requires you to do may actually be two different things.

#4 Jane Jetson

Posted 16 January 2013 - 12:50 PM

QUOTE (Indi @ 16/01/2013, 11:37 AM) <{POST_SNAPBACK}>
(landlord gave us three weeks' rent for works DH did on the property but this was just added to our "paid up to" date, the real estate agent still required monthly payments).

Do you have this agreement in writing? There could be difficulties if you don't.

#5 Walkers

Posted 16 January 2013 - 12:54 PM

We were on month to month with our rental and our home was completed 3 weeks early. We received a refund cheque in the mail (we didn't ask for it do it was a pleasant surprise).

#6 erindiv

Posted 16 January 2013 - 12:55 PM

I have had rent refunded once when I broke a lease (for a legitimate reason) and once they found a new tenant my remaining rent for that fortnight was refunded.

#7 Bluenomi

Posted 16 January 2013 - 01:03 PM

They have to repay any excess rent but most agents will hang onto it for ages and not give it back until they have done a post rental inspection just in case they can keep it for damage charges.

I've had this happen (because my rent was due 2 days before I moved out and they made me pay the full amount) and I had to harrass them for ages to get my money. I think tyey wanted to pocket the money because the land lord didn't know about it

#8 ~*Rainbow*~

Posted 16 January 2013 - 01:09 PM

If I was you, I would try to lock in a date that will you vacate by, and only pay rent up until that date. So if that is in 4 weeks time, only pay 1 week of rent as the other 3 weeks will be covered.

I doubt that you will get a refund on the rent as you did not actually pay for those 3 weeks, and the real estate will try to get out of it if they can. Is it possible to ask the owner to give you that money instead? Or this month just for for one week, but speak to the real estate and tell them that you are only paying one week so that you are no longer ahead.

Edited by ~*Rainbow*~, 16 January 2013 - 01:11 PM.

#9 Indi

Posted 17 January 2013 - 08:48 AM

Thanks for the replies.  I will not make this payment and let the agent know why.  I will then start to pay again when necessary.  Everything is in writing re the work done and signed by the landlord so there will not be a problem.
Thanks again

#10 Simply Me

Posted 17 January 2013 - 12:31 PM

Make sure the real estate agent has a copy.  You do not need to be paying each month if you are ahead.  Real estate agent doesn't know their regulations.  They cannot be asking for extra if you are ahead.  Statements should reflect your current situation.

Also as a previous pp said, extra rent cannot be kept for damages.  That is what the bond is for.  If repairs cost more than the bond then they will have to apply to vtac for a decision.

Disclosure.. I'm a landlord not a tenant.

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